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1990 Supreme(Bom) 344

A.C.AGARWAL
S. B. Gaikwad – Appellant
Versus
Iyer Subramanya Venkateswara – Respondent


JUDGMENT - ASHOK AGARWAL, J.:---Writ Petition No. 293 of 1989 has been filed by the original defendant tenant seeking to challenge the judgment and decree dated 24th November, 1988 passed by the Appellate Court of the Small Causes, Bombay in Appeal No. 89 of 1986. By the impugned decree the plaintiff's suit for possession under section 13(1)(g) of the Bombay Rent Act has been decreed on certain conditions.

2. Writ Petition No. 4257 of 1989 is by the original plaintiff seeking to challenge the very judgment and decree which is the subject matter of Writ Petition No. 293 of 2989. By this petition the plaintiff seeks to impugn the order directing him to provide alternate accommodation to the defendant as a condition precedent to the grant of a decree for possession in his favour.

3. The suit premises consist of residential premises admeasuring about 500 sq. ft. Situate on plot No. 12.A, First Road, Chembur, Bombay. 400 071. The said property was purchased by the plaintiff on 22nd May, 1972. On 25th January, 1982 the plaintiff by notice called upon the defendant to had over the possession of the suit premises as he bonafide defendant required the same. In the said notice the plaintiff of






















































































































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